Singh (Migration)

This matter concerns an application for review brought by Mr Jatinder Singh, a citizen of India, of a decision by a delegate of the Minister to refuse him a student visa. Mr Singh, who was 29 years of age at the time of the hearing, applied for the visa on 19 September 2018, and it was refused on 7 February 2019. He appealed to the Administrative Appeals Tribunal, which convened a hearing on 15 May 2020.

The primary legal issues before the Tribunal were whether Mr Singh was enrolled in a course in accordance with clause 500.211 of the Regulations, and if so, whether he was a genuine applicant for the visa in accordance with clause 500.212. The delegate's refusal was based on a lack of satisfaction regarding Mr Singh's genuineness as an applicant.

The Tribunal found that Mr Singh met the criteria in clause 500.211, being satisfied that he was enrolled in a Diploma of Hospitality Management, having previously successfully completed Certificate III and IV in Commercial Cookery. Regarding the genuineness requirement under clause 500.212, the Tribunal was satisfied that Mr Singh was a genuine student. This satisfaction was primarily based on his persistence with his studies in Australia despite the initial visa refusal, and his excellent record of successfully completing his enrolled courses. Consequently, the Tribunal was also satisfied that Mr Singh intended to comply with his visa conditions and to remain in Australia temporarily. The Tribunal remitted the decision for reconsideration.